August 4, 2010 - City of Southgate Michigan by a3PxxHWr

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									                                            City of Southgate
                                      Regular City Council Meeting
                                               August 4, 2010

        A Regular Meeting of the Council of the City of Southgate was held in the Municipal Council
Chambers, 14400 Dix-Toledo Highway, Southgate, Michigan on Wednesday, August 4, 2010 and was
called to order at 8:01 PM by Council President Phillip J. Rauch.

Present:         Carol Batko, Jan Ferencz, Patricia Ganzberger, Karen George, Phillip Rauch, Christopher
                 Rollet, Dale Zamecki.
Absent:          None.
Also Present:    Mayor Joseph G. Kuspa, City Administrator Brandon Fournier, City Attorney Ed Zelenak,
                 Engineer John Hennessey, Treasurer Sheryl Denman, City Clerk Thomas Alexander, Building
                 Inspections Director Bob Casanova, DPS Director Keith Tackett, Fire Chief Douglas Gildner,
                 Police Chief Thomas Coombs, Recreation Director Ronald Jewell.


                   This meeting began with the Pledge of Allegiance, followed by roll call.
minutes:
Moved by Ferencz, supported by Rollet, RESOLVED, that the minutes of the Regular City Council Meeting
dated July 21, 2010 be approved as presented. Carried unanimously.

   Mayor Kuspa proclaimed August 14, 2010 as Liberty Tree Day in the City of Southgate.
persons in the audience (scheduled)
    1.     Anna Renaud; re: Rezoning of One Sonic Drive.
Anna Renaud, 12835 Cherry, objected to the rezoning of One Sonic Drive and commented on the
following matters:
        The City spent $22,000 to develop its Master Plan
         o Listed the Steering Committee Members/Elected Officials in place when adopted on 12.27.06

        The subject property’s Summer Tax amounts to $111,109.91
         o $61,000 of the property tax is captured by the TIFA District and used to make a bond payment
            for the YMCA, which will have to come out of the general fund.
         o School Millage & Police & Fire Pension Funds will be affected.

She is opposed to residential and commercial tax payers making up the difference; commented on
sacrifices made by employees to help with the budget shortfall. She feels it is in the best interest of the
City to let the property go to auction (due to outstanding taxes). If so, a potential employer may
purchase it. She added there are three available Church buildings in the City.

    2. Robert Young; re: Rezoning of One Sonic Drive.
Robert Young, Attorney Representing the Church of Christ, provided information to support the rezoning
as requested based on established laws. He commented on the following:
        The route taken by the Celebration Church of Christ to request the subject rezoning.
        Favorable Legal & Planning Opinions rendered by City Representatives.
        Consistency with the City’s Future Land Use Master Plan Map & Laws of the Community.
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        History of the Subject Area; Current Condition (vacant building).
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        It is common for churches to locate in a residential neighborhood.
Regular City Council Meeting                                                              August 4, 2010

    Pursued the Conditional Rezoning Route to satisfy stated concerns.
       o Will only use the property for Church purposes.
       o PILOT Payment of $5,200 annually is included (and tied to a CPI index).
       o The church will comply with all existing building codes and ordinances.
   Offered to address any questions or concerns; Urged Council to treat the Celebration Church of
    Christ the same as other uses that come into the City.
       o Services will be on Sunday
       o There will not be a plethora of negative activity or disruption on site.
Councilman Batko asked about the stated inaccuracy of the tax amount. Attorney Young explained
that he meant of all the taxes collected, all tax dollars do not remain in the City; there are other taxing
jurisdictions. He added one of the rezoning conditions is that all property taxes and assessments be
current (from the current property owner; not the church).

Treasurer Denman offered information on the Tax Dollar Distribution. She noted that delinquent taxes
amount to $318,000 for 08 & 09 (not 2010). Attorney Young believes that the current property owner is
contesting the tax assessment.

Councilman Ferencz stated the Planning & Zoning Code says consideration must be given to whether or
not “any public services or facilities would be adversely impacted by a development or use allowed
under the requested zoning”. She would welcome a church in the City; however, believes location as
proposed would have an adverse impact on the City.

Councilman George would love to welcome the Celebration Church of Christ to Southgate; however,
she is opposed to the rezoning. She has concerns about the conditional aspects; she prefers that all
churches, citywide, be treated equally. She hopes the applicant will consider locating elsewhere, in the
City, without rezoning.

Councilman Ganzberger echoes the sentiments of Council Members Ferencz & George. This is not an
anti church posture. It is her understanding that the Celebration Church of Christ does not want a church
structure, rather a building. It is very hard to communicate to residents why a church does not want to
locate in a church structure, especially since there are three local opportunities (Christ the King, Calvary
Baptist and St. Hughes). She expressed opposition to spot zoning. Attorney Young stated if the use is
consistent with the Master Plan it is not spot zoning. Councilman Ganzberger simply prefers not to
change the complexity of the area.

Discussion took place regarding the Conditional Rezoning for the Perry Storage Facility.

business minute:
Mayor Kuspa, on behalf of the City of Southgate, recognized Mr. Instant Signs/Ric & Lana McCord for
being an outstanding local business and for going above and beyond to support the local community,
charitable organizations, and local fundraisers.

consideration of bids:

    1. Letter from Mayor; re: Cross Connection Control Program was read.
Moved by George, supported by Batko, RESOLVED, that the Southgate City Council concurs with the
recommendation of the Mayor and hereby awards the Cross Connection Control Program Bid to Hydro
Designs Inc. (5700 Crooks Road, Suite 100, Troy, MI 48098) in the Lump Sum Contract Price of $77,328.00 through
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August 19, 2012 as determined to be in the best interest of the City; FURTHER, sufficient funds are available
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in the Water and Sewer Fund to cover costs associated with this bid award. Carried unanimously.
Regular City Council Meeting                                                            August 4, 2010

officials’ reports:

Councilman Rollet reported on the following:
    1. The Enablers will perform a Concert in the Park on August 17th @ 7PM (City Hall Gazebo).

Councilman Ganzberger reported on the following:
    1. Need to address the state of Carpeting in the Council Chambers.

Councilman Ferencz reported on the following:
    1. Offered condolences to the Szyndlar Family.

Councilman George reported on the following:
    1. Summer Reading Program was a Huge Success.
    2. City Beautiful Commission Meeting Update:
       a. A sprinkler system may be necessary for the Historical Museum Plantings.
       b. As part of the Elected Officials Give Back Effort, a portion of her July Salary will be used to
           establish membership in the Beautification Council of Southeastern Michigan (on behalf of the
           City Beautiful Commission).
    3. Encouraged participation in the “Garden Photo Contest”; photos can be submitted to the
       Mayor’s Office through September 30th (please put your name, address & phone # on back of photo);
    4. On behalf of the Gateway Church, she conveyed their gratitude to the DPS for recent assistance.
    5. Allen Park has done an excellent job hosting the Senior Olympics; applauded the participants.
    6. Thanked those that volunteered to assist with Heritage Days; commented on the myriad of
       awesome activities offered during the celebration.
    7. Safety Concerns: Urged neighbors to watch out for each other. NOTED: Any solicitor that knocks
       on your door, must have a City issued Photo ID.

Councilman Zamecki reported on the following:
    1. The DDA has awarded two grants (via the BIG Program) to McLaughlin Furniture & Zubor Buick.

Treasurer Denman reported on the following:
    1. Summer Tax Payments are due by August 16th.

Clerk Alexander reported on the following:
    1. Thanked the following for their assistance with the August 3rd Primary Election:           Recreation
       Department, Auxiliary Police, DPS, School Custodians and Clerk’s Office Staff.

Mayor Kuspa reported on the following:
    1. Heritage Days 2010 was an overwhelming success; several new activities were included:
       a. Inaugural Half Eight (featured the World Harmony Runners from all over the world).
       b. Police v. Fire Volley Ball Game: Police won two of the three games played - $257 dollars was
           raised to benefit the Southgate Goodfellows.
       c. Heritage Cup Golf Scramble was a success; proceeds will benefit the Scholarship Program.
       d. Classic Car Show raised $286 for the Southgate Honor Guard.

A complete Heritage Days Report will be provided. He thanked the sponsors, staff & volunteers;
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especially Committee & Team Leaders: Angela Tackett, Sue Alexander, Chris Parker and Kim Kuspa.
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Regular City Council Meeting                                                                      August 4, 2010
    2. On July 29, Remax & Advance Auto had Ribbon Cutting ceremonies; the DDA provided Advance
       Auto with a no interest loan; Advance Auto is in the process of pre-paying said loan.
    3. The City of Southgate is partnering with ILABS, University of Michigan Dearborn Center for
       Innovative Research, to conduct a study to better understand our business community’s needs for
       communication, resources and information. Encouraged the business community to participate.
    4. Modern Marvels will be filming at Mallie’s Sports Bar to feature their Guinness World Record
       Winning Hamburger & include members of the Anderson High School Football Team on 8.7.2010.
    5. During a press conference at Comerica Park it was announced that -
       a) The University of Toledo is partnering with the Detroit Tigers to raise Scholarship Funds.
       b) Discussions about a University of Toledo Southgate Satellite Office are anticipated.
       c) The University is offering Ohio resident prices to Michigan students.
       d) Interested students can apply for a Scholarly Savings Account; each accepted student that
           meets the established criteria will receive a deposit of $2,000/year (beginning in 8th grade).
           Students that meet the criteria (every year) can earn up to $10,000 for tuition at the University
           of Toledo. More information will be available in October.

Council President Rauch reported on the following:
    1. The Community Player’s Young People’s Theatre in conjunction with Parks & Recreation will
       perform Les Miserable’s (School Edition) at Davidson on August 6,7 & 13,14; (for tickets 282.4727).

            *For further information on an Official Report, contact City Hall or the Reporting Official*

communications a:
    1.   Letter from Administrator; re: Collective Bargaining Local 1307 was read.
Moved by Zamecki, supported by Ganzberger, RESOLVED, that the Southgate City Council concurs with
the recommendation of the City Administrator and hereby approves the Tentative Agreement between
the City of Southgate and IAFF Local 1307 dated July 14, 2010; FURTHER, that the Mayor and City Clerk be
authorized to sign said agreement on behalf of the City of Southgate. Carried unanimously.

    2. Memo from Administrator; re: AccuMedWeb.Com Subscription Agreement was read.
Moved by Ganzberger, supported by Zamecki, WHEREAS, the State of Michigan requires that our Fire
Department electronically report data collected to assess the quality of emergency medical services
rendered, and WHEREAS, the grant funds used to subsidize the cost of said reporting have been
depleted, and WHEREAS, the City of Southgate is satisfied with services rendered by AccuMedWeb, LLC,
and WHEREAS the Fire Chief has negotiated a discounted rate with AccuMedWeb.Com (contingent on the
City’s agreement to engage AccuMed Billing, Inc as the City’s agent for cost recovery purposes), NOW BE IT RESOLVED, that
the Southgate City Council hereby approves the Subscription Agreement between the Southgate Fire
Department/City of Southgate and AccuMedWeb.Com, LLC as recommended by the City Administrator;
FURTHER, that the Mayor and City Clerk are authorized to sign said agreement on behalf of the City.
Carried unanimously.

    3. Memo from Administrator; re: AccuMed Billing Service Agreement was read.

Moved by George, supported by Ganzberger, WHEREAS, the City of Southgate recently adopted two
ordinances to provide a means for recovering the cost associated with emergency responses, and
WHEREAS, it is optimal to engage the services of a third party billing agent; and WHEREAS, after several
months of researching potential billing partners it has been determined that AccuMed Billing Inc. has
offered a very competition recovery rate fee of 8%, and WHEREAS, as part of this agreement AccuMed
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Billing has agreed to waive the $24,951.00 start up cost associated with the AccuMedWeb.Com
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Subscription Agreement (Communications A2);
Regular City Council Meeting                                                         August 4, 2010

NOW BE IT RESOLVED, that the Southgate City Council hereby approves the Three Year Billing Service
Agreement between the City of Southgate and AccuMed Billing, Inc. as recommended by the City
Administrator; FURTHER, that the Mayor and City Clerk are authorized to sign said agreement on behalf of
the City. Carried unanimously.

ordinances:
   1.   Ordinance to Address Temporary Signage, (2nd Reading).

Moved by Rollet, supported by Zamecki, RESOLVED, that the Southgate City Council hereby amends the
Code of the City of Southgate (Zoning Ordinance) to address Temporary Signage by repealing existing
Subsection (j) and replacing it with the improved language as contained in Ordinance #913 which shall
be published as required by the City Charter. Carried unanimously.

   2. Ordinance to Address Medical Marijuana Facilities, (2nd Reading).

Moved by Rollet, supported by Ferencz, RESOLVED, that the Southgate City Council hereby adopts
Ordinance #914 to establish language to regulate Medical Marijuana Facilities in Section 1260.07 of the
Code of the City of Southgate (Zoning Ordinance); FURTHER, said ordinance shall be published as
required by the City Charter. Carried unanimously.

Councilman George asked if the ordinance addresses dispensaries or groweries, with it being stated
dispensaries only.

   3.   Ordinance to Rezone One Sonic Drive from M-1 to RO-1 (2nd Reading).

Moved by Rollet, supported by Zamecki, RESOLVED, that the Southgate City Council concurs with the
recommendation of the Planning Commission and hereby adopts Ordinance #915 to Conditionally
Rezone the M-1 (Light Industrial Research) portion of One Sonic Drive to RO-1 (Restricted Office)
contingent upon the following conditions as presented by the applicant:

   1. The applicant shall use the existing building and property as a church,
   2. In the event the applicant ceases to use the property as a church for more than six continuous
      months, the former zoning classification shall be restored,
   3. The applicant agrees to pay to the City of Southgate in exchange for providing of City services to
      the applicant, a yearly amount of $5,200.00 payable semi-annually on December 1 and July 1 of
      each year. This amount shall be increased yearly by an amount that represents the change in the
      Consumer Price Index for All Urban Consumers Detroit – Ann Arbor - Flint, Michigan, CMSA – All
      Items (the “CPI”) published by the United States Department of Labor, Bureau of Labor Statistics
      (1982 – 1984 = 100) as determined herein, but not less than the previous year amount. The
      change shall commence on December 1, 2012. The obligation to pay the amount set forth herein
      for the services shall begin only upon the event that the property owner is deemed exempt from
      the payment of property taxes resulting from a determination that the property is being used as a
      church or related use and shall continue for as long as such a use continues. In the event that the
      property is required to pay property taxes on a yearly basis for any reason, the payment
      obligation herein shall cease for the period that such taxes are assessed,
   4. The applicant shall comply with all existing building and City Codes and Ordinances.
as requested by Celebration Church of Christ, PO Box 817, Taylor, Michigan, 48180.

Vote on motion:      yeas - Batko, Rauch, Rollet, Zamecki.
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                     nays - Ferencz, Ganzberger, George.
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                   absent - None.
Regular City Council Meeting                                                             August 4, 2010
Motion carried 4 – 3.

   4. Ordinance to Amend the Planned Development District Standards, (1st Reading).

Councilman Rollet offered a first reading on an Ordinance to amend Chapter 1288 of the City Code by
improving the Planned Development District Standards.

old business:
      Councilman Rollet asked if a Tour of 911 Central Dispatch has been scheduled, with it being
       stated the tour will follow the Public Safety Commission Meeting. Estimated Tour Time: 5:30 pm at
       Central Dispatch on August 11th.

      Councilman George stated during the weekend festivities, she fielded many inquiries about what
       is going on in the City. She would like to know the status of the plan(s) with the School District. She
       requested that the School Board’s minutes be available at City Hall. Mayor Kuspa indicated he
       will request that Council be added to the School Board’s minute distribution list. He noted said
       minutes can also be found on the Board’s website.
       She requested that a School/City progress update be offered at the next Study Session, with it
       being agreed to.
       She received inquiries as to why BINGO and the Senior Meeting were cancelled; Recreation
       Director Jewell explained that the Civic Center was going to house a Large Scale Event on
       Thursday evening, which required advance set up.

      Councilman Batko asked why Council has not received further communication regarding the
       Laptops for the Paperless Agenda. She had several questions including the need for a password
       to access Council data. Administrator Fournier explained, that upon return from vacation, IT will
       respond. Further, Administration looks forward to getting the lap tops up and running.

new business:
      Councilman Ganzberger thanked Mayor Kuspa for the presentation about the collaborative deal
       with the University of Toledo. She stressed that the Medical Service Curriculum offered by the
       University of Toledo is phenomenal. Councilman George thinks this is a great opportunity.

claims and accounts:
Moved by Batko, supported by Zamecki, RESOLVED, that Claims and Accounts be paid as outlined on
Warrant #1166 in the amount of $3,100,797.92. Carried unanimously.

adjournment:
Moved by Rollet, supported by George, RESOLVED, that this Regular Meeting of the Southgate City
Council be adjourned at 9:21 P.M. Carried unanimously.




______________________________________                       _________________________________________
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Phillip J. Rauch                                             Thomas M. Alexander
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Council President                                            City Clerk
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